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(영문) 대구지방법원 2020.02.18 2019고정1440

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car by borrowing B.

On January 15, 2014, the defendant was sentenced to a fine of three million won by the Daegu District Court as a violation of the Road Traffic Act.

around 14:00 on September 21, 2019, the Defendant was allowing to drive the said vehicle within approximately 2 km from around 14:0 to the front street in the same Gu.

At that time, the Defendant was reported by 112 reporters (F) on the same ground as drinking, such as driving a grout in the direction of the gravel in the border, while driving the said vehicle. As a result, the Defendant’s blood color was red, and the horses were rhyd, and there was considerable reason to have been driven under the influence of alcohol in light of the width of the walking, etc.

Therefore, in order to confirm the Defendant's level of drinking, it was required to comply with the drinking test procedure by inserting the background of the H district of the Daegu Middle Police Station into a drinking measuring instrument.

그럼에도 불구하고 피고인은 2019. 9. 21. 15:00경 최초 음주측정실시 요구에 음주측정을 하지 않겠다며 거부를 하였고, 같은 날 15:04경 음주측정기 불대를 혓바닥으로 막는 방법으로 음주측정을 거부하였으며, 같은 날 15:10경 음주측정기 불대를 물고 호흡은 하지 않고 가만히 있는 방법으로 음주측정을 거부하였으며, 같은 날 15:15경 음주측정기 불대에 입을 대고 입 안으로 흡입을 하는 등 행동을 하면서 정당한 경찰관의 음주측정 요구에 불응하였다.

Ultimately, from September 21, 2019 to September 15:15, 2019, the Defendant refused to take a drinking test by a police officer with a drinking-free test for about 15 minutes without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the oral statement of the driver;

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